This subpart describes the Atomic Energy Commission Procurement Regulations in terms of establishment, authority, applicability, issuance, arrangement, implementation and supplementation of FPR, exclusions, deviations, and other AEC Procurement Instructions. § 9-1.102 Establishment of AEC Procurement Regulations.

(a) The AEC Procurement Regulations (AECPR) are hereby established.

(b) These regulations implement and supplement the Federal Procurement Regulations (FPR) and are a part of the Federal Procurement Regulations System.

(c) The effective date of FPR issuances throughout AEC will be the date indicated in the respective issuances, unless otherwise provided in the AEC Procurement Regulations.

(d) The effective date of AECPR issuances throughout AEC will be the date indicated in the respective issuances. § 9-1.103 Authority.

The AEC Procurement Regulations are prescribed by the General Manager of the AEC, pursuant to the authority of the Atomic Energy Act of 1954, and the Federal Property and Administrative Services Act of 1949.

§ 9-1.104 Applicability.

(a) The AEC Procurement Regulations and the Federal Procurement Regulations, which together form that part of the Federal Procurement Regulations System which governs AEC procurement, apply to all procurement of personal property and nonpersonal services (including construction).

(b) The FPR and AECPR shall be made available to the cost-type contractors that construct and operate AEC plants and laboratories as illustrative of the policies, practices and procedures used by the AEC, for their consideration in the development or revision of their own written procurement practices and procedures. Cost-type contractors are governed by (1) applicable contract provisions and (2) procurement policies, practices and procedures established by the contractor and approved by AEC. The FPR and AECPR will be employed by AEC in its review and approval of cost-type contractor procurement policies, practices and procedures.

The AEC Procurement Regulations employ the same numbering system and nomenclature used in the Federal Procurement Regulations and conform with FEDERAL REGISTER Standards approved for the FPR.

§ 9-1.106-2 Numbering.

(a) The numbering system permits identification of every unit. The first digit, followed by a dash, represents the chapter number (AEC has been assigned Chapter 9). The dash is followed by the part number which may be one or more digits followed by a decimal point. The numbers after the decimal point represent, respectively, the subpart, section (in two digits) and, after a second dash, subsection, paragraph, subsparagraph, and additional subdivisions. For example, this division is called "§ 9-1.106-2," in which the first digit denotes the chapter, the second the part, the third the subpart, the fourth and fifth the section, and the sixth the subsection.

(b) Where the AECPR implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of the AECPR will be numbered (and captioned) to correspond to the FPR part, subpart, section, or subsection.

(c) Where the AECPR supplements the FPR, the numbers 50 and up will be assigned to the parts, subparts, or sections involved.

(d) Where the subject matter contained in a part, subpart, section, or

AEC Procurement Regulations will be cited in accordance with Federal Register standards approved for the FPR. Thus, this section, when referred to in divisions of the AEC Procurement Regulations, should be cited as "§ 9-1.106-3 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 9-1.106-3." Any section of the AEC Procurement Regulations may be informally identified, for purposes of brevity, as AECPR followed by the section number, i.e., "AECPR 9-1.106-3."

§ 9-1.107 Implementation and supplementation of FPR.

Regulations

The AEC Procurement "implement" and "supplement" the FPR. The meaning of these terms includes the following:

(a) Implementation may have either of the following meanings:

(1) A part, subpart, section, etc., which treats a similarly numbered portion of the FPR in greater detail or indicates the manner of compliance, including any deviations.

(2) The absence of a corresponding part, subpart, section, etc., in the AECPR indicates that the FPR is applicable as written. Policies and procedures in the FPR are not repeated in the AECPR.

(b) Supplementation means AECPR coverage of matters which have no counterpart in the FPR.

The term "deviation" includes any of the following actions:

(a) When a prescribed contract clause is set forth verbatim, use of a contract clause covering the same subject matter which varies from that set forth.

(b) When a standard or other form is prescribed, use of any other form for the same purpose.

(c) Alteration cf a prescribed standard or other form, except as may be authorized in the regulations.

(d) The imposition of lesser or, where the regulation expressly prohibits, greater limitations than are imposed upon the use of a contract clause, form, procedure, type of contract, or upon any other procurement action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or proposals, award, administration, or settlement of contracts.

(e) When a policy or procedure is prescribed, use of any inconsistent policy or procedure.

In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the Federal Procurement Regulations System shall be kept to a minimum and controlled as follows:

(a) In individual cases, deviations from the FPR and AECPR may be authorized by Division Directors, Headquarters (having contracting authority) and Managers of Operations, unless otherwise provided. This authority may not be redelegated.

(1) A supporting statement for each individual deviation, which indicates briefly the nature of the deviation and the reasons for such special action shall be included in the contract file.

(2) A copy of the supporting statement for each individual deviation shall be forwarded to the Director, Office of Contract Policy.

(b) In classes of cases, requests for deviations from the FFR and the AECPR shall be forwarded in triplicate through the appropriate Division Director, Headquarters, to the Director, Office of Contract Policy, and shall be accompanied by an appropriate supporting statement.

Requests will be considered on an expedited basis and appropriate coordination with Headquarters staff and operating divisions will be obtained by the Director, Office of Contract Policy. Requests involving the FPR will be considered jointly by AEC and the General Services Administration, unless, in the judgment of the Director, Office of Contract Policy, after due consideration of the objective of uniformity and the program responsibilities of AEC, circumIn stances preclude such joint effort. such case, the Director, Office of Contract Policy will approve such class deviations as he determines necessary and will appropriately notify the General Services Administration.

§ 9-1.110 Other AEC Procurement In

structions.

(a) AEC Manual, Volume 9000, Contracting will continue to contain classified matters or matters of a purely internal nature.

(b) Procurement memoranda also will be employed, generally for informational purposes, and pursuant to § 9-1.108. Subpart 9-1.3-General Policies, Specifications and Standards SOURCE: 9-1.305-1 to 9-1.352 appear at 25 FR. 14032, Dec. 31, 1960.

§ 9-1.305-1 Mandatory use of Federal Specifications.

The policies and procedures established by FPR 1-1.305 shall be complied with by AEC for all direct procurement except as provided in § 9-1.305-5 below. Managers of Operations are responsible for obtaining compliance on the part of cost-type contractors with the policies and procedures set forth in this subpart to the extent practicable and compatible with meeting program objectives, except AEC contractors must use paper specification standards published by the Joint Committee on Printing for the purchase of paper to be used in contractor-operated field printing plants authorized by the Joint Committee on Printing.

§ 9-1.305-3 Deviations from Federal Specifications.

Subiect to the requirements of FPR 1-305.3. Managers of Operations, Heads of Divisions and Offices, Headquarters, or their representatives specifically designated for this purpose, may authorize deviations from Federal Specifications in connection with AFC direct

procurement. In those cases where use of Federal Specifications are required under 9-1.305-1 above, information required by FPR 1-1 305-3(5) with respect to deviations shall be forwarded through channels to the Director, Division of Construction and Supply.

§ 9-1.305-5 Use of Federal and Interim Federal Specifications in construction contracts.

When specifications for AFC construction are prepared by private firms, Managers of Operations and Heads of Divisions or Offices, Headquarters, are responsible for obtaining compliance with this policy to the extent practicable and compatible with meeting program objectives.

§ 9-1.306-1

Mandatory use and applications of Federal Standards.

The policies and procedures established by FPR 1-1.306 for the development and use of Federal Standards shall be complied with by AEC to the same extent as provided for Federal Specifications in § 9-1.305-1, 3, 5 above. § 9-1.307

Purchase descriptions.

Specifications should be in such terms as to permit full and free competition among all potential suppliers. However, technical reasons may occasionally exist for using specifications which limit competition by requiring certain types of material or articles, such as replacement parts, auxiliary equipment and tools required for use with maior equipment. Restrictive specifications may be used to meet special requirements, provided, (a) AEC needs cannot reasonably be met in any other manner, and (b) a complete justification for the restriction is reduced to writing and included in the contract file.

of use to more than one Operations Office. The Division of Construction and Supply will notify field offices of the existence of any AEC specification.

§ 9-1.350-2 AEC Design Criteria.

Part 6300 AEC Manual, Design Criteria, shall be complied with in the preparation of specifications for construction work.

§ 9-1.351 Distribution of Federal Specifications and Standards.

AEC does not maintain a central distribution point for specifications and standards. Index of Federal Specifications and Standards may be obtained by submission of an order direct from field offices to the Stores Division, Federal Supply Service, GSA, Region 3, 7th and D Streets SW., Washington 25, D.C. Copies of Federal Specifications and Standards may be obtained in the same manner. In emergency cases, when time does not permit obtaining copies from the above source, single copies may be obtained without charge from any GSA Regional Office Business Service Center. Contractors not authorized to purchase from Government sources of supply may obtain the index and copies of Federal Specifications and Standards from the Superintendent of Documents, Government Printing Office, Washington 25, D.C.

Operations Offices and Headquarters shall maintain current copies of these indexes and supplements and shall maintain files of current copies of Federal Specifications and Standards covering all items which are purchased on a recurring basis for which specifications or standards are available. Managers

of Operations are responsible for assuring the availability of the indexes and Federal Specifications and Standards to cost-type contractors.

§ 9-1.352 Index of Military (Army, Navy, Air Force) Specifications and Standards.

May be obtained from the Superintendent of Documents, Government Printing Office, Washington 25, DC. Copies of Specifications and Standards are ordered from the cognizant Military activity developing each particular specification or standard.

Subpart 9-1.5-Contingent Fees

SOURCE: § 9-1.500 to 9-1.507-1 appear at 25 F.R. 14033, Dec. 31, 1960.